15 March 2012
Adobe Systems Incorporated v Netcom Online.co.uk Ltd and another [2012] EWHC 446 (Ch), [2012] All ER (D) 42 (Mar)
It was settled law that, although a consent order reflected an agreement, it was not, of itself, a contract. It was like any other order, an order which had to be obeyed unless and until set aside. The court had jurisdiction to vary (or, it appeared, to set aside) an order, or part of it, which was void under the general law, including EU law, which was binding on the court. There was nothing in the EU cases which required the domestic court to entertain new arguments or to receive new evidence in order to attack the resolution of issues which had been settled.
